Roger Rogoff was sworn in as the top federal prosecutor for western Washington before 8 a.m. Wednesday at the federal courthouse in downtown Seattle. He was fired before he could hold a single meeting.
Rogoff, a former judge and veteran state and federal prosecutor, was unanimously appointed by the 17 active and senior judges of the Western District of Washington. The judges had been appointed by five different presidents. He walked from the courthouse to the U.S. Attorney's Office and asked to meet with Charles Neil Floyd, whose 120-day interim term had ended in February. While waiting in the lobby, according to ABC News, Rogoff received an email from the Trump administration informing him he had been removed. He said he is consulting with lawyers about suing over the firing.
The confrontation reflects a broader standoff between the White House and the federal judiciary over who controls U.S. attorney appointments. Presidents normally nominate U.S. attorneys, who require Senate confirmation. When temporary appointments expire before a nominee is confirmed, federal judges in a district have the authority to name a replacement. The Trump administration has pushed back against that process, preferring to leave unconfirmed prosecutors in place indefinitely.
Acting U.S. Attorney General Todd Blanche posted on social media Wednesday: "District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them." He added that the judges who appointed Rogoff "abandoned the time-honored process of consultation with the administration so that the selected U.S. Attorney is qualified to serve in the administration."
Trump had originally named Floyd, a former immigration judge, as interim U.S. attorney last October but never forwarded his nomination to the Senate. When Floyd's interim period expired, the administration shifted his title to first assistant U.S. attorney, leaving the top post technically vacant. In May, a federal appeals court panel expressed skepticism that the maneuver was legal. The Western District judges then opened a formal application process, assembled a bipartisan review panel, and on Wednesday morning issued their unanimous order naming Rogoff.
Democratic Sen. Patty Murray of Washington, who had opposed Floyd for the position, criticized the firing. Her statement said Rogoff "has demonstrated an outstanding commitment to public service, and he was appointed legally by the federal judges in the Western District of Washington."
Rogoff said he is weighing legal options. The federal judgeship that oversees the district has not yet indicated whether it will take further action to seat a U.S. attorney.
